• Title/Summary/Keyword: Business District

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Survey of Avian Status and Habitat Management Measures in Representative Development Areas of the Northern West Sea - Focusing on Songdo Area - (서해북부 대표 개발지역에 도래하는 조류 실태 및 서식지 관리방안 수립 - 송도일원을 대상으로 -)

  • Sul-Woong Shim;Young-Don Ju;Jung-Hoon Bae;Yang-Seop Bae
    • Journal of Environmental Impact Assessment
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    • v.32 no.6
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    • pp.389-406
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    • 2023
  • The research area, located in the northern coastal region of South Korea's West Sea, involves three bird habitats. Among these are two newly established habitats in Songdo International Business District, created by filling and developing tidal flats that were previously utilized as stopover sites for migratory birds. One of these areas showed decrease (Residual tidal flats, site.1) while the other showed increase (Artificial lake, site.2) in bird influx. The third habitat (Namdong reservoir, site.3) is a pre-existing stable habitat which has been maintained as a stable habitat. This study conducts an assessment of habitats based on avian population clusters and environmental surveys and proposes habitat management measures. A survey of bird populations and habitat environments was conducted for a total of 39 occasions from January to December 2022. The observed bird species totaled 14 families and 48 species with 20,760 individuals. Compared to the existing habitats, the newly established habitats showed relatively lower influx of bird species and individuals. During the habitat assessment, the newly established habitats were rated as I to II grade, while the existing habitat was rated as relatively high III grade on the grading assessment of the tidal flat. An analysis of habitat types revealed that the existing habitat, in which diverse strategies for habitat type diversity and mitigating anthropogenic interference were demonstrated, attracted a diverse range of bird species. Through this research, it was deduced that the diversity of habitat types plays a significant role in attracting various bird species. Upon evaluation of habitat types concerning the habitat characteristics of the bird species selected for habitat management, as habitat management measures, it is deemed that the creation of shielded green areas (referred to as 'buffer green') to minimize interference from the surroundings, the establishment of reed fields (site.1, 2) positively correlated with reservoirs, and the improvement of sandbanks (site.1) positively associated with tidal flats, the two relations which we drew from correlation analysis between occurrence species and habitat types, would contribute to the future restoration and maintenance of stable habitats. The results of this study can be applied not only to the study area but also to other development zones, such as coastal reclamation sites, which share similar geographical and environmental characteristics, including arrival sites for migratory birds.

The Legal Theory on the Civil Execution against Aircraft (항공기 집행에 관한 법리)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.83-153
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    • 2015
  • As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.